As we step into 2022, LiveLaw brings to you a yearly Round-up of important cases pertaining to the controversial Unlawful Activities (Prevention) Act, 1967 from the Supreme Court, High Courts and trial courts across the country. This yearly digest includes 90 judgments and orders. Read more
Also watch: Repeal UAPA – Persecution by Prosecution (PUCL, Jan 2021)
NIA Court refuses medical bail to four Bhima Koregaon accused; citing past precedent, two other accused activists seek laptops in jail
22/09/2021
The Leaflet / by Sabah Gurmat
Shoma Sen, Vernon Gonsalves, Gautam Navlakha and Anand Teltumbde had applied for bail.
On Tuesday, 21 September 2021, a special National Investigation Agency (NIA) court in Mumbai rejected the bail applications filed on behalf of four of the senior citizens accused in the Bhima Koregaon case…
Notably, three of the Bhima Koregaon accused – Gonsalves, Arun Ferreira and Surendra Gadling – were also produced in-person at the special NIA court in Mumbai. The three argued before court by themselves. Read more
NIA Court rejects medical bail to Shoma Sen
22/09/2021
Sabrang / by Sabrang
She was arrested in June 2018, and has been in jail since then, with no relief.
… Further, as per media reports, the court has also rejected the applications filed by co-accused Sudha Bharadwaj, Hany Babu and Gautam Navlakha for a copy of the draft charges filed by National Investigation Agency (NIA) that has reportedly submitted a list of seventeen draft (proposed) charges against the 15 accused, including the serious charge of waging a war against the country, which is punishable with death or imprisonment for life (section 121 of the Indian Penal Code)… Read more
Shoma Sen
Rona Wilson
Gautam Navlakha
Hany Babu
Sudha Bharadwaj
Special NIA Court Rejects Professor Shoma Sen’s Interim Medical Bail Plea In Bhima Koregaon – Elgar Parishad Case
22/09/2021
Live Law / by Sharmeen Hakim
A special NIA court on Tuesday refused interim medical bail to Shoma Sen, a former professor at Nagpur University, who was arrested in the Bhima Koregaon – Elgaar Parishad caste violence case in 2018…
Meanwhile, the court has extended co-accused researcher Rona Wilson’s interim bail by three days…
Lastly, the court rejected an application filed by accused Gautam Navlakha, Hany Babu and Sudha Bharadwaj seeking a copy of draft charges submitted by NIA. Read more
Shoma Sen
Anand Teltmumbde
Gautam Navlakha
Vernon Gonsalves
NIA court reject medical bail pleas of four Bhima-Koregaon case accused
21/09/2021
The Hindu / by Sonam Saigal
The special National Investigation Agency (NIA) court on Tuesday rejected the medical bail applications filed by senior citizens Shoma Sen, Anand Teltumbde, Gautam Navlakha and Vernon Gonsalves.
Special Judge D.E. Kothalikar rejected the pleas by relying on recommendations from the high-powered committee set up to decongest prisons owing to the COVID-19 pandemic. Read more
The Legal Battle of Bhima Koregaon: The story so far
The Special NIA Court has listed the pending applications on September 6, 2021
On July 5, 2021, 83-year-old activist and priest Father Stan Swamy passed away in a Mumbai private hospital while in judicial custody for his alleged involvement in the riots that took place in Bhima Koregaon post the Elgar Parishad event held on January 2018.
His death highlighted the state of undertrials in the Bhima Koregaon case, most of whom have been awaiting trial for the past three years. Read more
Bombay HC Directs Taloja Prison To Ensure Proper Medical Treatment For Prof Hany Babu
Bombay High Court Directs Taloja Prison To Ensure Proper Medical Treatment For Prof Hany Babu
17/08/2021
Live Law / by Sharmeen Hakim
The Bombay High Court on Tuesday ordered Delhi University Associate Professor Hany Babu to be re-lodged in Taloja Prison following the report of a private hospital that he is ‘fit for discharge’. He is accused in the caste-violence Bhima Koregaon – Elgar Parishad Case.
On Tuesday, Justices SS Shinde and NJ Jamadar disposed of Babu’s wife – Jenny Rowena’s plea – seeking interim medical bail for him after Breach Candy’s doctors certified that Babu’s had recovered from Covid-19 and orbital cellulitis, and he is fit for discharge. Read more
+++ Happy Birthday Prof. Hany Babu
Arrested on July 28, 2020, Hany Babu is an anti-caste activist, spending his second birthday in jail for a crime he did not commit.
+++ He and his co-accused are fighting “planted evidence”, the brutal UAPA, Covid in prison conditions and the “institutional murder” of Fr. Stan Swamy.
Stand with Prof. Hany Babu.
Demand for the freedom of BK-15.
By Mary Lawlor, UN Special Rapporteur on the situation of human rights defenders
On 11 June 2021, I wrote a letter jointly with two other UN experts on the alleged inhumane prison conditions and deteriorating condition of 15 human rights defenders, as well as Varavara Rao who was granted medical bail.
Of pressing concern was the inhumane prison conditions and deteriorating health of the human rights defenders. The death of Fr. Stan Swamy shortly after this communication was written demonstrate the severity of the conditions in which the human rights defenders are being held. It is haunting to now read how Fr. Swamy’s requests to be transferred to hospital to receive treatment were initially denied repeatedly. Read more
NIA files draft charges under UAPA, sedition & conspiracy against 15 accused
NIA files draft charges under UAPA, sedition & conspiracy against 15 accused
11/08/2021
Sabrang India / by Sabrang India
Filing of draft charges against the accused indicates that the trial could begin anytime soon. However, the lawyers of some of the accused have asked the court to dispose the applications before it, prior to framing charges.
The National Investigation Agency (NIA) has filed draft charges before the Special NIA court in Mumbai, against the 15 accused in the Elgar Parishad/Bhima Koregaon case. Read more
NIA files draft charges against 15 accused in NIA Court
10/08/2021
Bar & Bench / by Neha Joshi
The lawyers appearing for the accused also prayed for deferring of hearing on framing of charges till the pending applications of the accused are disposed of, which the Court rejected.
The National Investigating agency (NIA) on Monday filed draft charges against 15 accused persons in the Bhima Koregaon case of 2018.
Framing of charges under Section 226 of the Code of Criminal Procedure is the stage where the prosecution describes the charges against the accused along with the evidence they have to prove the guilt of the accused. Read more
NIA files draft charges against accused in Elgar Parishad case
09/08/2021
India Today / by Vidhya
The National Investigation Agency (NIA) has filed draft charges against 15 accused in the Elgar Parishad case.
Draft charges contain about 20 charges that have been slapped against the accused in the case. Section 226 of the Criminal Procedure Code (CrPC) obliges the prosecution to describe the charge brought against the accused and to state by what evidence the guilt of the accused would be proved.
In the coming days, the court will hear the accused or their lawyers, who will argue against each charge and then the judge will decide and frame the charges against each accused. The accused will be then asked if they plead guilty or not. If the accused do not plead guilty, then the trial against each accused will begin. Read more
NIA files draft charges against accused in Elgar Parishad case
09/08/2021
The Indian Express / by Express News Service
The NIA has also proposed to charge the accused for criminal conspiracy, waging or attempting to wage a war or abetting a war against the Government of India, sedition, and promoting enmity under sections of the Indian Penal Code.
The National Investigation Agency (NIA) on Monday submitted draft charges against the 15 accused arrested in the Elgar Parishad case. The charges include sections of the Unlawful Activities (Prevention) Act pertaining to terrorist acts, unlawful activities, conspiracy, membership of banned organisation and raising funds for it. Read more
Bombay High Court Refuses To Stay Prison Transfer Order Of Bhima Koregaon Accused
Bombay High Court Refuses To Stay Prison Transfer Order Of Bhima Koregaon Accused
06/08/2021
Live Law / by Sharmeen Hakim
The Bombay High Court on Friday observed that the accused in the Bhima Koregaon – Elgar Parishad Case resisting their transfer out of Taloja Prison, despite repeatedly complaining about the prison authorities there, is confusing and paradoxical.
The bench refused to stay the transfer orders without hearing the State and adjourned the matter to Wednesday after the State sought time.
The court was seized with one plea filed by the kin of accused Dalit scholar Anand Teltumbde, civil rights lawyer Surendra Gadling and activist Sudhir Dhawale’s friend. Tribal rights activist Mahesh Raut has filed the second plea. Read more
Victimized For Demanding Their Rights as Prisoners: Kin of Bhima Koregaon Move Bombay High Court Against Prison Transfer Orders
03/08/2021
Live Law / by Sharmeen Hakim
The petition accuses Taloja’s previous Superintendent of initiating the transfers to cover up violations of the rights guaranteed under The Prisons Act, 1894
Kin of three accused in the Bhima Koregaon – Elgar Parishad Case have approached the Bombay High Court challenging three orders to transfer ten accused out of Taloja Central Prison to any other prison in Maharashtra.
The petition states that Special NIA Judge DE Kothalikar’s orders, repeatedly permitting their transfers without issuing a notice, giving a hearing to them or recording reasons, violates principles of natural justice. Read more
Kin of Surendra Galding, Anand Teltumbde, Sudhir Dhawale move Bombay HC challenging transfer from Taloja jail
03/08/2021
Bar & Benach / by Neha Joshi
Immediate family members of Dr. Anand Teltumbde, Surendra Gadling and Sudhir Dhawale, accused in the Bhima Koregaon case of 2018, have approached the Bombay High Court challenging the decision to transfer them out of Taloja Central Prison to any other “unspecified prison” in the State.
The petitioners said the Superintendent was attempting to transfer the accused, by dividing them and sending them to separate jails and it was “an act of victimization for having demanded their rights as prisoners. Read more
Bombay HC seeks Hany Babu’s health report from hospital after lawyer says his eye condition better
The court was hearing a petition by Hany Babu’s wife Jenny Rowenna seeking that the DU associate professor be released on bail on health grounds.
The Bombay High Court Thursday directed Breach Candy Hospital in the city to provide the latest health report of Delhi University associate professor Hany Babu, an accused in the Elgar Parishad case who is currently under treatment at a private hospital.
… The HC will consider the plea next on August 6. Read more
Delhi University professor, scholar in linguistics, and noted anti-caste activist Hany Babu completes one year in prison under draconian UAPA in Elgar Parishad case.
Hany Babu’s student at Delhi University and an academic publishing professional Shivangi Mariam Raj wrote this poem “Dear Hany, This is just to say” in November last year, four months Hany’s arrest by NIA. (You can read the full poem here.)
Voice: Farzana Rowena, daughter of Hany Babu
Graphics: Shaheen Abdulla Watch video
